Mistakes to Avoid in Custody Disputes

By
Roscich & Martell Law Firm, LLC
|January 27, 2015

Child custody issues can be some of the most high stakes and contentious
issues in a divorce case. This is especially true in acrimonious divorces where
child custody can end up being a long-standing issue, if the parents do not work it
out well early on. These strong emotions can make custody disputes difficult,
and they can also prompt people to make mistakes. These mistakes can be
costly, and end up being the deciding factor in a custody case. Consequently,
it is important for parents in these disputes to stay civil, stay honest,
and stay persistent, so that they can have their best chance at the custody
arrangement that they want their kids to have.

Stay Civil

Staying civil is one of the most important parts of the child custody process,
and all too often parents fail to do it. While this is understandable
in light of the important issues being decided, rudeness will do more
harm than good.
Illinois law gives judges a wide range of discretion to decide custody issues in the
best interests of the child. A judge seeing one parent being uncivil to
the other is going to think worse of that parent, especially if the other
parent stays above it. There is also a special warning here not to be
uncivil about the other parent to the children. Judges are especially
poorly-disposed to that, and many even issue legal orders forbidding it.

Stay Honest

Dishonesty with the court is another mistake that can land a parent in
hot water during a custody dispute. Courts and lawyers have a strong set
of tools to ferret out dishonesty, and a person having their credibility
damaged like that is a sure way to make the judge discount their statements
in the future. Similarly, people should be sure to obey a judges orders
completely, and not try to hide any disobedience. First, there could be
legal consequences just for violating the order, and second, it is a surefire
way to put the judge in the other parents corner.

Stay Persistent

Finally, parents in custody disputes need to stay persistent. Being civil
and honest is not the same thing as being a doormat. Parents can find
custody disputes emotionally draining, especially when dealing with a
spouse who is not following these tips. However, calm, polite, firmness
can often be the best tactic to show the court a reasonable parent who
it would be in the childs best interests to live with.

Divorce cases are not always easy, and issues of child custody can be especially
difficult. However, people do not have to go through this process alone.
If you are considering filing for divorce, contact an experienced
Naperville divorce attorney today to make sure you have someone on your side.

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